Or. Admin. R. 333-501-0020

Current through Register Vol. 63, No. 5, May 1, 2024

Section 333-501-0020 - Violations

In addition to non-compliance with any health care facility licensing law or condition of participation, it is a violation to:

(1) Refuse to cooperate with an investigation or survey, including but not limited to failure to permit Oregon Health Authority (Authority) staff access to the hospital, its documents or records;

(2) Fail to implement an approved plan of correction;

(3) Fail to comply with all applicable laws, lawful ordinances and rules relating to safety from fire;

(4) Refuse or fail to comply with an order issued by the Authority;

(5) Refuse or fail to pay a civil penalty;

(6) Fail to comply with rules governing the storage of medical records following the closure of a hospital;

(7) Establish, conduct, maintain, manage or operate a health care facility or health maintenance organization, without a license; or

(8) Use the terms "emergency," "emergency department (ED)," "emergency room (ER)," "emergency-," "emergent-," or "emergi- care center" or any derivative term in a posted name or advertising that would give the impression that emergency medical services as that is defined in OAR 333-500-0010 is provided by the person at a particular facility unless that facility is a hospital licensed under ORS 441.025 with an emergency department. Use of the words "urgent" or "immediate" shall not be considered derivative terms.

(9) A person not licensed as a hospital under ORS 441.025 with an emergency department using the terms prescribed in section (8) of this rule has 90 days from November 15, 2016 to come into compliance.

Or. Admin. R. 333-501-0020

PH 11-2009, f. & cert. ef. 10-1-09; PH 31-2016, f. 11-14-16, cert. ef. 11/15/2016; PH 28-2024, minor correction filed 04/08/2024, effective 4/8/2024

Statutory/Other Authority: ORS 441.025

Statutes/Other Implemented: ORS 441.015, 441.025, 441.030 & 441.055